In the following cases, a court clerk must, without delay, commission a person who administers affairs relating to family registers or a registry office to make an entry in a family register or make a registration as provided in the Act on Guardianship Registration, etc. (Act No. 152 of 1999), as provided for by the Rules of the Supreme Court; provided, however, that this only applies to the cases specified by the Rules of the Supreme Court as requiring an entry in a family register or registration under the Act to be commissioned to the person or office:
裁判所書記官は、次に掲げる場合には、最高裁判所規則で定めるところにより、遅滞なく、戸籍事務を管掌する者又は登記所に対し、戸籍の記載又は後見登記等に関する法律(平成十一年法律第百五十二号)に定める登記を嘱託しなければならない。ただし、戸籍の記載又は同法に定める登記の嘱託を要するものとして最高裁判所規則で定めるものに限る。
when a ruling on any of the matters set forth in Appended Table 1 or a judicial decision in lieu of the ruling becomes effective; and
別表第一に掲げる事項についての審判又はこれに代わる裁判が効力を生じた場合
when a provisional order prior to a ruling becomes effective or loses its effect.
審判前の保全処分が効力を生じ、又は効力を失った場合
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provisional ordermachine translation
「保全処分」
A provisional order the family court hearing a domestic relations case makes by ruling (審判) before it decides the case — a provisional seizure (仮差押え), a provisional disposition (仮処分), the appointment of an administrator of property or another necessary measure under Article 105, paragraph (1) — or the judicial decision a high court makes in its place when the case is before that court.
Defined inArticle 106, paragraph (1)
family register
戸籍
The public record of who a person is related to by birth, marriage and adoption. One is made for each married couple and their children who share their surname, where they set their registered domicile (本籍); when a new register is made for a person married to a foreign national (外国人) or with no spouse, it is made for that person and their children who share their surname (Family Register Act, Article 6). The mayor of the municipality (in Tokyo's special wards and the wards of designated cities, the ward mayor) administers this work unless the Act provides otherwise (Articles 1 and 4). Besides the registered domicile, it records for each person their name and its reading, date of birth, why and when they entered the register, their parents and, for an adopted child, their adoptive parents, whether they are husband and wife, and the register they came from, among other things (Article 13). Entries are made on a notification (届出) — of a birth, a marriage, a divorce or a death, for example (Articles 49, 74, 76 and 86) — or on a report, an application, a court decision and a few other grounds (Article 15). When a marriage between a Japanese national and a foreign national is notified, a new family register is made for the Japanese national, not for the couple, unless the Japanese national already heads a register of their own (Article 6 and Article 16, paragraph (3)). A foreign national who lives in a municipality as a mid- to long-term resident (中長期在留者), a special permanent resident (特別永住者) or in one of a few other categories is recorded in that municipality's resident record (住民票): instead of the family register entry a Japanese resident's record carries, it states their nationality, and for a mid- to long-term resident their status of residence (在留資格) and period of stay (Residential Basic Book Act, Article 30-45). A foreign national in none of those categories is not recorded there (Article 39).
Written by AI using Family Register Act, Arts. 1, 4, 6, 13, 15, 16, 49, 74, 76, 86 and Residential Basic Book Act, Arts. 7, 30-45, 39 as a reference.
registration
登記
Entry in a public register kept by a registry office (登記所) — a Legal Affairs Bureau or one of its branch offices — so that the matter is made public (Real Property Registration Act, Articles 1 and 6, paragraph (1)). Rights in land and buildings, such as ownership, a superficies (地上権), a statutory lien (先取特権), a mortgage and a right of lease (賃借権), can be registered under that Act (Article 3), and matters the Commercial Code, the Companies Act and other Acts require to be registered are registered under the Commercial Registration Act (Article 1). Registration also lets a right be asserted against third parties: acquiring, losing or changing a right in rem (物権) in land or a building, such as ownership, cannot be asserted against third parties until it is registered (Civil Code, Article 177), and a matter the Companies Act requires to be registered cannot be asserted against a third party who does not know of it until it has been registered, nor, even after that, against one who had a justifiable reason for not knowing of the registration (Companies Act, Article 908, paragraph (1)).
Written by AI using Real Property Registration Act, Arts. 1, 3, 6, Commercial Registration Act, Art. 1, Civil Code, Art. 177 and Companies Act, Art. 908 as a reference.